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Partnership Visas

Is Immigration NZ following International Law binding on New Zealand?

New Zealand’s current immigration stance on partnership-based visa appears to be at odds with International Law.

New Zealand immigration laws provide a framework for Immigration New Zealand to manage immigration in a way that balances our national interests with our international obligations. That is the scheme and purpose behind the Immigration Act 2009.

Under international human rights law, the family is recognized as the fundamental group unit of society and entitled to protection and assistance by Article 16(3) of the 1948 Universal Declaration of Human Rights (UDHR); by Article 23(1) of the 1966 International Covenant on Civil and Political Rights (ICCPR) an by various Articles of the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) amongst other international conventions and treaties.

New Zealand has made a commitment to uphold the UDHR and ratified the ICCPR on 28 December 1978 without any reservation on Article 23(2).

The United Nations Human Rights Committee (UNHRC), established to monitor States’ implementation of ICCPR has clarified that: “[t]he right to found a family in Article 16(1) of UDHR implies, in principle, the possibility to … live together”.

Therefore, Immigration New Zealand’s current stance of not allowing overseas people (lawfully wedded wives and husbands, de facto partners, and young children) to visit and live with their families in New Zealand is arguably in breach of International human rights law that is binding on New Zealand.

The involuntary separation of families by State intervention, which is devastating to the individuals involved and frequently destructive in its long-term impact on cultural groups and entire societies, is a widespread problem that deserves increased attention as an issue of international human rights law.

For anyone, it would seem cruel and inhuman to decline visitor visas for partners and young children of New Zealand citizens, residence class visa holders and work visa holders who are tirelessly contributing to New Zealand economy and the well-being of other New Zealanders. Some of them are New Zealand born citizens and they need their families to live with them in New Zealand. Immigration New Zealand cannot dictate who New Zealanders should marry – that is a breach of fundamental international human rights law binding on New Zealand.

What message is New Zealand now sending out to the rest of the world while the government proclaims to be advocating universal human rights law both at home and abroad?

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